Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings

Republic of Trinidad and Tobago

Extradition (Commonwealth and Foreign Territories) Act

Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT


PART III
EXTRADITION FROM TRINIDAD AND TOBAGO

16. Order for return.

(2) Where the Attorney General makes an order under this section in the case of a person who is serving a sentence of imprisonment, or is charged with an offence, in Trinidad and Tobago, the order shall be subject to such conditions for the return of the person to Trinidad and Tobago as the Attorney General shall stipulate.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;

7.

(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.